Svor v. Morris, 227 U.S. 524 (1912)
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Svor v. Morris
No. 756
Submitted January 6, 1913
Decided February 24, 1913
227 U.S. 524
ERROR TO THE SUPREME COURT
OF THE STATE OF MINNESOTA
Syllabus
One who settled on land not at the time open to entry but which became open does not have to go through the idle ceremony of vacating and settling upon it anew.
Where the first selection of lieu lands is rejected as irregular, the land is open during the interval before a new and regular selection is filed, and the homestead right of one who had previously settled thereon in good faith attaches, and is superior to that, under the new selection
As between conflicting claims to public lands, the one whose initiation is first in time, if adequately followed up, is to be deemed first in right.
Under the Act of May 14, 1880, 21 Stat. 141 and 2265, Rev.Stat., the rights of a settler who fails to assert his claim within three months of settlement are not inexorably extinguished, but only awarded to the next settler in order of time who does assert his claim and complies with the law, and advantage of this statute cannot be taken by a railroad company selecting land which is withdrawn from selection by having already been settled on. Hastings & Dakota Ry. Co. v. Arnold, 26 L.D. 538, approved.
Title acquired by a railway company or its assignee of lieu lands, improperly selected because not open by reason of settlement thereon, is held in trust for the settler by such assignee or his grantee who took with notice.
118 Minn. 344 reversed.
The facts, which involve questions of priority of right between a homestead settler and a railway company selecting lieu lands under a grant, are stated in the opinion.